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>>8092905 New DOJ Prosecutor Timothy Shea Submits Motions In Flynn Case
BAKER, NOTABLE
From the filing:
The United States seeks to obtain from these counsel (and any other person acting on the defendant’s behalf in this case) and provide to the Court documents, declarations, or affidavits responding to the claims of ineffective assistance in the defendant’s Supplemental Motion to Withdraw his Plea of Guilty. To that end, the United States respectfully requests an Order that:
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Confirms that, when he filed his Supplemental Motion to Withdraw claiming that Covington’s representation was constitutionally ineffective, the defendant waived the attorney-client privilege with respect to matters relating to his ineffectiveness claims; 2. Concludes that the District of Columbia Rules of Professional Conduct, particularly Rule 1.6(e)(3), permit Covington, and any other person acting on the defendant’s behalf in this case, to disclose to government counsel information needed to respond to the defendant’s allegations of ineffective assistance, and to include that information in a declaration or an affidavit, even if there might otherwise be a duty to keep such information confidential; and 3. Authorizes Covington, and any other person acting on the defendant’s behalf in this case, to take all actions necessary to prepare a response to the claims of ineffective assistance raised in the Supplemental Motion to Withdraw, including: (A) disclosing otherwise confidential or privileged information in communicating with government counsel about the representation of the defendant as it relates to the defendant’s claims of ineffective assistance; (B) providing government counsel with any relevant documents or other records in their possession; (C) providing affidavits or declarations about the defendant’s ineffective assistance allegations;
(D) testifying at an evidentiary hearing on the defendant’s ineffective assistance allegations, if such a hearing is deemednecessary; and (E) limiting the government’s use of any information provided by Covington and any other person acting on the defendant’s behalf in this case to any further litigation of the defendant’s Supplemental Motion to Withdraw his Plea of Guilty,and to any appeal of the Court’s ruling on that motion. The order also should make clear that if the defendant’s Supplemental Motion to Withdraw his Plea of Guilty is granted, the Court may consider additional questions of the limitation on the use of this information in any subsequent trial. This limitation on the use of information should not, however, preclude the government from prosecuting the defendant for perjury if any information that he provided to counsel were proof of perjury in this proceeding.